In Re: I.A.No. 12 in Writ Petition Civil No. 715/1990
All India Imam
Organization - Versus - Union of India & ors.
This Hon'ble Court vide
its Judgement and order dated 13.5.1993 reported in AIR 1993 SC 2086 vide Annexure
C at page 25 allowed the petition and issued 11 directions including the direction
to Union of India and Central Wakf Council to prepare the scheme within Six months
in respect of different types of mosques and it was further directed that order
of payment to imams shall come into operation from Ist December, 1993, in Case
Scheme is not prepared within time then it shall operate retrospectively from
Ist December 1993 and further directed that the scheme shall also take into account
those mosques Which are small or are in the rural area or are such as mentioned
in the affidavit of Pondicherry Board and have no source of income and find out
ways and means to raise its income. (xi) The scheme framed by the Central Wakf
Board shall be implemented by every State Board At Page 2b of Judgement and order
dated 13.5.93, this Hon'ble Court was pleased to hold the Financial difficulties
of the institutions can not above fundamental rights of citizens.
National Conference of State Government ministers in charge of Wakf, Members Central
Wakf Council discussed and representative of state Government/UT Admns. discussed
and A High power committed was constituted under of Chairmanship of Union Welfare
Minister including ulemas of th important institutions and other members viz reverme
secretaries of states and Mr. Mukesh K.Siri Advocate as representation of All
India Imam Organization. In pursuance of the recommendation of High Power Committee
a small committee under the Chairmanships of Shri Aslem Sher Khan MOS (PMO &
W) has formulated scheme in terms of direction of this Hon'ble Court.
22.12.95 Scheme was approved by Central Wak Council.
January 1996 Government
of India filed the scheme before this Hon'bie Court vide Annexure A at Page 13
of paper book stating that scheme shall come into force on Ist December 1993 adopted
the scheme and pay scales vide Annexure B at Page 19 prevalent in Punjab Wakf
Board of Ambala Cantt vide Ref. NO. 135 Ed/C/33/II-598-603 dated 22.1.1992. as
Imam Alim - 1000-15-1150-20-1350-25-1600
Imam Heziz -
Imam Nazirah - 850-15-1000-20-1200-25-1400.
In addition to this Rs. 30 as Midical allowance.
19.9.97 to Nov.
1997. Petitioner sent to all respondents representations along with copy of judgement
13.5.93 and scheme for payment of Salaries vide
D- Colly at pay 26-47.
Feb.1998 Mukesh K.Giri Advocate Supreme Court sent
notice to all respondent calling upon Wakf Board expressely or impliedly to implement
the judgment and order dated 13.5.93 and scheme filed 5.1.96 vide Annexure E at
29.8.98. Imams sent represented to get salaries vide Annexure
D-1 colly at pass 48-70.
2.2.99 This Hon'ble Court issue notice in present
I.A. All respondent have been served and only following a respondents filed Counter
Respondent NO.21. (Dadra and Nagar Heveli P-85.
At Page 88 Dadra and Nagar Haveli Wakf Boards Stated vide their letter dated 24.4.98
and 11.12.1998 at present Imams and are being paid Rs.2500/- per month in addition
free medical treatment and accommodation.
It is submitted that scheme
is to pay salary w.e.f. Ist December 1993 but in instant case petitioner are not
Respondent No. 17, Tamil Nadu Wakf Board P-91.
At page 91 the Tamil Nadu Wakf Board States that vide their letter dated 17.7.99
vide R-1 colly has implemented the judgemmt and order and implemented the scheme.
It is submitted that letter dated 19.7.99 is vague and ambigious. The
pay scales shall be applicable which are at Page 19, alongwith scheme and same
shall be specifically paid w.e.f. December 1, 1993.
Respondent No. 8 Kerala
Wakf Board P-98
8. Kerala wakf Board States at page 99 that videcircular
No. B2-637/98 dated 14.4.98 directions have been issued to implement this scheme.
It is submitted that no lmam is paid w.e.f. Ist December 1993 as per direction
of Hon'ble Supreme Court.
Respondent No. 3 Andhra Pradesh Wakf Board P-100.
3. Andhra Pradesh Wakf Board states at page 102 that Board has limited
resources of Income and is being obliged to Spend heavy amounts in protecting
vast extant of Wakf properties for illegal encroachers by fighting court cases
Board can not afford to monthly remuneration to full time or part time imams and
Moazzims unless there is a direction for Hon'ble Court to state Govt. to provide
necessary amount by way of grant.
Respondent No.6 Bihar State Sunni Wakf
6. Bihar State Sunni Wakf Board state at page 104 para 3
that scheme was implemented and vide Notification No. 632 dated 4.5.1998.
It is further stated at para 4 page 105 that wakf Board is unable to pay even
regular salary to its officers and employees and has not paid for last 12 months
in view of the Wakf Act 1954 has no provision under which Board can enhance existing
rent of Wakf properties.
Respondent No.10 Madhya Pradesh Wakf Board P-107.
10. Madhya Pradesh Wakf Broad stated at Page 107 that Board has limited
resources and has 4500 mosques and has to spent Rs. 1,12,50,000/- towards remuneration
of Imams per month. Board states that they have issued direction to mutamallis
in case of default, the Board shall take appropriate action.
It is submitted
that petitioners are not paid as per direction and scheme till date.
NO. 22 Pondicherry State Wakf Boards P-109
22. Pondicherry Wakf Board States
at Page No. 109 that they are payed Rs. 2500 to 1000 per month. It is submitted
that petition are not paid w.e.f. of Ist Dec. 1993 as per scheme and judgement.
Respondent NO.23 U.P. Sunni Central Board of Wakf P-117
Board of Wakfs at page 118 states at para 3, That Board is running through financial
crisis for last 10-11 years salary of other employees of 11-12 month is not paid
and deposit of 60 to 70 lakh has been spent of meeting various contingencies.
It is further stated that Board income is 40 lacs whereas expenditure 90
lacs. At page 120 it is stated that Imams should move Wakf Tribunal u/s 94(2)
of Wakf Act 1995.
It is further stated that at per 121 that 90% or more mosques
situated in rural areas and they have no source of income.
It is humbly
submitted that out of 11 directions issued of Hon'ble Supreme Court vide judgment
and order dated 13.5.93 direction (viii) at page 25 states clearly that wakf Boards
should find out "ways and means to raise its income.
It is submitted
that no steps has been taken by respondent as yet to find ways and means to raise
income of mosque located in rural areas.
It is further submitted that
U.P. Sunni Central Board of Wakf has not yet implemented its own circular dated
7.10.99 at page 125.
Respondent NO.4 Assam Board of Wakf.
Wakf Board states in para 3 at page 128 that Board is taking steps to obtain information
of defaulting Mutwalis managing committee and they have been requested to contact
the Board. Board further states that Board is not in position to bear entire expenditure
to pay salary to imams. Board is likely to submit application to state for grant
in aid. It is submitted that Imam are not paid till date us per direction of this
Respondent No.1 Union of India.
Union of India stated
in para 5 to 15 Counter Affidavit that once the scheme was filed by the answering
respondent before Hon'ble Court as per direction made by this Hon'ble Court, that
it is sole duly of State Government and State Wakf Board to impliment the same.
Respondent No.16 Rajasthan Wakf Board: Page NO.
Rajasthan Wakf Board
has stated at para 2 of Counter Affidavit that vide letter dated 22.10.99 vide
Annexure P-1 Board had asked Wakf Committee/Mutamallis to comply the direction.
It is further stated that Board has not received any complaint from Imams.
It is submitted that it is after the notice of this Hon'ble Court that on
22.10.99 Board has issues letter to Wakf Committee. It is further submitted that
Imams are not paid as per direction and scheme till date.
respondent have not filed Counter Affidavit despite order dated 20.9.99 and order
date 25.10.99 to file Counter upto 5.11.99 and to list 17.11.99 on non miscellaneous
2. Respondent Central Wakf Council, 5. Shia (Bihar), 7. Karnataka, 9.
Gujarat, 11. Marathwada, 12. Meghalaya, 13. Orissa, 14. Manipur, 15. Punjab, 18.
Tripura, 19. Andamna & Nicobar, 20. Delhi, 24. U.P.Shia, 25. Lakshya Dweep.